GNCTD vs LG : Delhi Govt Seeks Urgent Listing Of Case Relating To Dispute Over Control Of Services; Supreme Court Agrees

The Supreme Court on Tuesday agreed to urgently list the case involving dispute between Delhi Government and Central Government regarding power of postings & transfers over civil servants belonging to All India Services serving GNCTD. The matter was mentioned before the bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli. Terming the matter as "extremely urgent", Senior Advocate AM Singhvi said, "Your lordship has spent some time on the GNCTD services matter. Kindly put it as soon as your Lordships can since it's extremely urgent." Acceding to the Senior Counsel's request, CJI said, "Alright". On May 6, 2022, the 3 judge bench had referred to the Constitution Bench limited questions pertaining to the legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital. The bench had observed that the main contention relates to interpretation of phrases 'any such matter is applicable to UT's' and 'subject to provisions of this constitution' in Article 239AA 3a. However, it appears that all issues except one issue pending consideration has been elaborately dealt with by the Constitution Bench in its decision of 2018. Therefore the bench did not deem it necessary to revisit those issues that stand settled by previous constitution benches. In February 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the question of powers of the GNCTD and Union Government over services and referred the matter to a larger bench. In July 2018, a 5-judge bench of the Supreme Court had laid down broad parameters for governance of the national capital, amid the differences between the elected government and the LG. The matter was referred to the Constitution bench by a Division Bench of the Supreme Court by an order dated 15th February 2017. Case Title: Govt Of NCT Delhi vs Union of India: CA 2357/2017

GNCTD vs LG : Delhi Govt Seeks Urgent Listing Of Case Relating To Dispute Over Control Of Services; Supreme Court Agrees

Shruti Kakkar

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